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(영문) 창원지방법원 진주지원 2020.02.05 2019고단1694
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 24, 2015, the Defendant was issued a summary order of KRW 3 million for the crime of violation of the Road Traffic Act in the Changwon District Court's Jinju branch.

At around 22:00 on November 10, 2019, the Defendant driven a FK5 car under the influence of alcohol with approximately 500 meters alcohol concentration of 0.126% on the front road of the “E” located in Jinju City D from the front road of the “C” located in Jinju City B.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (Consideration of confession, details of crimes, driving distance, etc.);

1. Probation, order to provide community service or attend lectures: Article 62-2 of the Criminal Act;

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